Papers Relating to the Foreign Relations of the United States, With the Annual Message of the President Transmitted to Congress December 5, 1905
Chargé Snyder to the Secretary of State.
Bogotá, October 10, 1905.
Sir: I have the honor to transmit herewith copies and translations of the treaties referred to in my No. 88 of September 18, 1905.
I am, etc.,
General arbitration treaty between the Republics of Peru and Colombia.
His Excellency, the President of the Republic of Peru, and His Excellency, the President of the Republic of Colombia, with the object of extending the cordial relations between the two Republics and of settling amicably any questions which may arise between them, have resolved to conclude a general arbitration treaty, and have named their plenipotentiaries for this purpose.
For His Excellency, the President of the Republic of Peru, Dr. Hernan Velarde, envoy extraordinary and minister plenipotentiary of said Republic, accredited to the Government of Colombia; and
For His Excellency, the President of the Republic of Colombia, Doctor Clímaco Calderón, minister for foreign affairs, and Señor Luis Tanco Argaez, envoy extraordinary and minister plenipotentiary of Colombia in Peru, at the present time residing in this capital.
The said parties, their respective powers having been duly accepted, have resolved the following:
Article 1. The high contracting parties will submit to arbitration all controversies of any kind which, for whatever reason, may arise between them, and which they have not been able to settle amicably by means of direct negotiations. Only questions affecting the independence and honor of the two nations are excepted from this obligation. In case of doubt, this point will also be resolved by compromise. Specifically, national independence and honor will not be considered compromised in controversies relative to diplomatic privileges, consular jurisdiction, customs and navigation duties, validity, construction, and carrying out of treaties, and pecuniary claims, whatever their origin and antecedents may have been and it is understood to be the wish of the two governments to give the fullest possible interpretation to the principle of international arbitration.
The present treaty is also applicable to controversies which have taken place before its conclusion, but questions which have already been definitely settled between both parties can not be renewed. In these cases arbitration will be exclusively limited to differences which may arise as to the interpretation and carrying out of the said arrangements.
Article 2. The Governments of Peru and Colombia nominate His Holiness the Pope as arbitrator in cases of differences and, in the case of the refusal or inability of His Holiness, His. Excellency, the President of the Argentine Republic.
Article 3. For each case the high contracting parties will conclude a special convention to determine the precise object of the controversy, as also all points and circumstances relative to the affair which they may deem necessary.
Failing such convention, and one of the high contracting parties having notified the other that four months have passed since they had been requested to conclude the same, without, for whatever cause, their being able to come to an arrangement, the arbitrator will decide on the facts of the case and the rights which must be resolved to decide the controversy.
For any other point, in default of the special convention on the subject or should there be no mention made of it in the same, the following rules will be applied:
Art. 4. In default of special arrangements between the interested parties, the arbitrator is empowered as follows: Fix the time for the arbitration; to determine the judicial proceedings and contentions; the formalities and terms for the interested parties; and, in general all necessary measures for the prompt resolving and carrying out of all points and difficulties and all prejudicial and incidental questions that may arise.
The high contracting parties bind themselves to put at the disposition of the arbitrator all information at their command.
Art. 5. The arbitrator has the right to decide, in his own judgment, on the validity and interpretation of the matter in question.
Art. 6. An agent of each of the interested parties will represent his government in all matters submitted to arbitration.
Art. 7. The arbitrator must decide according to the principles of law unless the question imposes special obligations or authorizes the arbitrator to act as a friendly intermediary.
Art. 8. The sentence must definitely decide each point of the case.
It will be drawn up in duplicate, signed by the arbitrator, and each of the countries will be notified directly or by the representative sent to the arbitrator.
Art. 9. Each of the interested parties will defray its own expenses and half of those of the arbitration.
Art. 10. The legally pronounced sentence will decide, to the extent of its powers, the controversy between the interested parties. It must contain the statement of the time within which it is to be executed. The same arbitrator will decide any questions which may arise in its execution.
Art. 11. The sentence does not admit appeal and the carrying out of same is left to the honor of the two nations signing it.[Page 257]
Nevertheless, the same arbitrator can be requested to revise the sentence by acquainting him with the following facts:
- That the sentence has been given in view of a false or equivocal document.
- If the sentence has been, in whole or in part, the consequence of a fully recognized error, positive or negative, resulting from the proceedings or documents relative to the case.
Art. 12. The arbitrator will fix the proceedings for the revision, and the brief and peremptory terms in which it will be effected, confining himself exclusively to the point which gave rise to the revision.
Art. 13. This treaty will be in force for a period of ten years, dating from the date of the exchange of ratifications. If not denounced six months before its expiration, it will be considered to be renewed for another period of ten years, and so on.
Art. 14. Both governments will simultaneously solicit, through their plenipotentiaries, the acquiescence of His Holiness within six months following the exchange of ratifications of the present treaty.
Art. 15. This treaty will be ratified and the ratifications exchanged in Lima and Bogotá in the shortest time possible.
In virtue of which the plenipotentiaries of the high contracting parties have signed and sealed, in duplicate, in Bogotá, on the twelfth day of September of the year nineteen hundred and five.
Boundary treaty of arbitration between Peru and Colombia.
The Governments of Peru and Colombia, animated by the earnest desire of putting a brotherly and decorous end to the question pending between them regarding their territorial limits, and with the object of removing all cause or motive of disagreement which might disturb the friendship which happily exists between them, have considered it convenient to reach an agreement, and for such purpose have appointed their respective plenipotentiaries, as follows:
- His Excellency, the President of the Republic of Peru, Doctor Hernan Velarde, envoy extraordinary and minister plenipotentiary of the same Republic in Colombia; and
- His Excellency, the President of the Republic of Colombia, Dr. Clímaco Calderón, state minister for foreign affairs, and Señor Luis Tanco Argaez, envoy extraordinary and minister plenipotentiary of Colombia in Peru, at present in this capital;
Who, after having presented their full powers, which were found in good and due form, have resolved the following:
Arbitration treaty of limits.
- Article 1. The Governments of Peru and Colombia submit the boundary question pending between them to the unappealable decision of His Holiness the Supreme Roman Pontiff, which question will be resolved, taking into consideration not only the titles and arguments of right presented to him, but also the conveniences of the high contracting parties, conciliating them so that the frontier line be founded in right and equity.
- Art. 2. The present arbitration agreement remains expressly subordinate to the arbitration agreed upon between Peru and Ecuador of August 1, 1887, now being actually heard before His Majesty the King of Spain, having effect only in case the royal arbitrator awards territories to Peru which Colombia claims as hers. At the same time the Government of Colombia declares that the stipulations of the present arbitration agreement do not affect the treaty of equal nature celebrated between Colombia and Ecuador on November 5, 1904, which can take effect as soon as the arbitration decision of 1887, between Peru and Ecuador, to which reference is made, be finished.
- Art. 3. Within the six months following acceptance by the august arbitrator the plenipotentiaries will present to his holiness, or to the person appointed by his holiness, an exposition in which is set forth the claims of their respective governments, accompanied by the documents which sustain them and in which will be set forth the reasons of the case.
- Art. 4. From the day on which said expositions are presented the plenipotentiaries are authorized to receive and answer, in a reasonable time given to them, the proceedings which the august arbitrator thinks it convenient to issue, as well as to carry out the provisions which he may dictate with the object of clearing up determined points.
- Art. 5. Once the arbitrator’s judgment pronounced and officially published by the Secretary of State, it is definite and final, and the decisions are obligatory upon both parties.
- Art. 6. Although the Governments of Peru and Colombia hope that his holiness will accept the arbitration proposed to him; if such should not prove the case, from now they appoint His Excellency the President of the Argentine Republic as arbitrator, in order that he exercise the request according to what has been stipulated in the foregoing articles.
- Art. 7. The expenses incurred by the arbitrator in maintaining the process will be reimbursed by the contracting governments, each paying one-half of said expenses.
- Art. 8. If, according to the declaration contained in Article 2, the necessity arise for carrying out of the compromise between Peru and Colombia treated of in this treaty, within four months of the day of execution of the sentence pronounced by His Majesty the King of Spain in the case now pending before him owing to the arbitration agreement celebrated between Peru and Ecuador, both governments will simultaneously request, through their plenipotentiaries, the acquiescence of his holiness.
- Art. 9. The present treaty will be ratified by the legislative bodies of Peru and Colombia and the ratifications exchanged in the least possible time.
In virtue of which the plenipotentiaries of the high contracting parties have signed the present treaty in duplicate and have sealed it with their private seals, in Bogotá, the 12th day of September, nineteen hundred and five.
Complementary act to the treaty of arbitration of limits signed in Bogotá, between Peru and Colombia, on September 12, 1905.
The Peruvian plenipotentiary, his excellency Doctor Hernan Velarde, envoy extraordinary and minister plenipotentiary in Colombia, and the Colombian plenipotentiaries, his excellency Doctor Clímaco Calderón, minister for foreign affairs, and his excellency Mr. Luis Tanco Argaez, envoy extraordinary and minister plenipotentiary in Peru, at present in this capital, who signed the agreement accomplished on the 12th of the present month and year between the two Republics, having met the ministry for foreign affairs of the Republic of Colombia and the plenipotentiary of Peru having manifested a desire to clear up the sense of the declaration made by the Colombian plenipotentiaries relative to the treaty celebrated between Colombia and Ecuador on November 5, 1904, and which appears in the second article of the arbitration treaty of limits celebrated by the same negotiators on the 12th of the present month, the mentioned plenipotentiaries agreed that the declaration to which reference is made does not signify that the Peruvian Government accepts the legality of the treaty to which said declaration contracts itself, especially in the seventh article which excludes from the Peruvian-Ecuadorian arbitration, actually being heard by His Majesty the King of Spain, a territorial zone which Peru considers included in that arbitration, and notice is hereby given in this agreement that this zone is considered as an integral part of the treaty of arbitration of limits signed on the 12th of the present month and year, signing it in duplicate and sealing it with their private seals in Bogotá on the twenty-third day of September, nineteen hundred and five.
Modus vivendi agreement between Peru and Columbia.
The Governments of Peru and Columbia, desiring to put into practice the friendly agreement determined upon in the arbitration treaty and to secure harmony between the two countries, have resolved to conclude an agreement of equity, for which they have named plenipotentiaries:
- His Excellency the President of the Republic of Peru, Doctor Hernan Velarde, envoy extraordinary and minister plenipotentiary of the said Republic in Colombia.
- His Excellency the President of the Republic of Colombia, Doctor Clímaco Calderón, minister for foreign affairs, and Señor Luis Tanco Argaez, envoy extraordinary and minister plenipotentiary of Colombia in Peru, at present residing in this capital.
Who, having exhibited theirfull powers, which were found to be valid and in due form, have agreed upon the following:
1. The Governments of Peru and Colombia bind themselves to maintain the status quo in the territory for which they are contending until the final solution of the controversy, [Page 259] which will be brought about by the arbitration referred to in the treaty signed on this date, and with the object of avoiding any difficulty or dangerous conflicts in the region of the Putumayo they agree to establish during this time two zones, north and south, for provisional occupation separated by said river.
The zone apportioned to Peru will consist of the territory situated to the south of the right bank, between the rivers Cobuya and Cotuhe, and that apportioned to Colombia the territory situated to the north or the left bank.
2. The Government of Colombia will name an inspector and his secretary for the customhouse of Cotuhe, who will collect import and export duties on merchandise according to the Peruvian tariff and carrying out his duties subject to Peruvian regulations until the two interested governments agree otherwise. Gum of whatever kind will pay in this customhouse the only tax, an export duty of thirty cents Peruvian money per kilogram.
3. From the date on which their agreement comes into effect—that is to say, from its approval by both interested governments—the net produce of the mixed custom-house of Cotuhe will be divided equally between the two nations and each government will pay the expenses of the employees which they maintain in the said custom-house.
4. Articles of import which, owing to their destination, should be introduced through the custom-house of Cotuhe will not pay duties in passing through the custom-house of Iquitos, through which they pass as goods in transit in the same manner as goods passed through the custom-house of Para. Such goods when passing through the custom-house of Cotuhe will only pay according to the Peruvian tariff, or according to such tariff as the two countries may agree upon.
5. In virtue of the friendly and equitable character of this agreement it is understood that the conditions underlying traffic on the river Putumayo shall be the same for Colombians and Peruvians, and the boats of both nationalities may freely ply that river.
6. The Governments of Peru and Colombia mutually bind themselves to respect and encourage the industrial enterprises of Peruvians and Colombians, who have established themselves at the present time in the zone of the river Putumayo and its tributaries. They shall not have the right to burden or in any way affect these interests with other imposts or taxes than those laid down in article three.
7. The Governments of Peru and Colombia bind themselves to in no way interfere in a manner contrary to the agreement come to so long as the frontier disputes between the two countries have not been definitely settled in accordance with the arbitration agreed upon.
8. The preceding stipulations do not in any way imply the renunciation or the recognition of territorial rights in favor of other countries, their only object being to avoid imminent danger of armed conflict between the Colombians and Peruvians exploiting this region. The object of said stipulations is to facilitate the fraternal agreement sought by the governments of both Republics.
In virtue whereof they sign in duplicate and seal with their private seals the above in Bogotá this twelfth day of September, nineteen hundred and five, it being agreed upon that this convention will come into force on its approval by the executive of both governments.
Complementary act to the modus vivendi agreement signed in Bogotá, between Peru and Colombia, the 12th of September, 1905.
The envoy extraordinary and minister plenipotentiary of Peru, Doctor Hernan Velarde, and the Colombian plenipotentiaries, Doctor Clímaco Calderón, minister for foreign affairs, and Luis Tanco Argaez, envoy extraordinary and minister plenipotentiary in Peru, at present residing in this capital, signers of the treaties concluded on the 12th of this month, between the two Republics, and the Peruvian plenipotentiary, having expressed a desire to make clear the sense of the fourth clause of the modus vivendi, the above-mentioned plenipotentiaries agreed that the object of this clause is not to make Iquitos a transit port and a deposit for the Putumayo, but to fix the regulations which merchandise destined for the said river and passing through Iquitos will be subject from its entrance into Iquiros till its arrival at Cotuhe, where the respective duties are to be paid under strict supervision by the Peruvian customs authorities to the regulations of that country, and in virtue of which the present act forms an integral part of the modus vivendi above referred to, it being signed in duplicate and sealed with their private seals in Bogotá this twenty-third day of September, nineteen hundred and five.